WHAT MADE THE DUNROBIN TORNADO SO UNIQUE - OCTOBER 2018
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OCTOBER 2018
WHAT MADE THE DUNROBIN
TORNADO SO UNIQUE
Clothing and shoes
Draperies, Curtains & Blinds
leather, suede & Fur
CRDN offers on-site inventory, pick-up
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CERTIFIED RESTORATION SPECIALISTS
Serving Ottawa Since 1989
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2
2018-2019 OTTAWA CHAPTER
IN THIS ISSUE: EXECUTIVE
President: CINDY BRIDGE, CIP, CRM
President’s Pen / Rep’s Ramblings ............................................................... 7 Desjardins General
Insurance Group, Ottawa
Phone: 613-692-1169
Fax: 613-692-3381
Calendar Of Upcoming Events...................................................................... 8 E-Mail: cindy.bridge@dgig.ca
Vice-President: TBA
How This Auto Claimant Won Additional Pain and Suffering Damages ....... 4, 25
Treasurer: CONAR MARCOUX, BA, CIP
Crawford & Company
Artist or Hoarder? Why Insurers Don’t Like Clutter ....................................... 12 285-955 Green Valley Cres,
Ottawa ON, K2C 3V4
613 564 7184
What Made the Dunrobin Tornado so Unique .............................................. 13
Secretary: RYAN REISS, FCIP, CRM
Economical Insurance Company
A ‘lessee’ is not Necessarily the Person Who Paid for the Rented Vehicle 2. 5, 26 London
T 613.567.7700 ext. 56301
F 613.236.7931
E: ryan.reis@economical.com
Canadian Drivers Don’t Fully Understand Cannabis Impairment .................... 27
Directors: PATRICIA MARTIN, CLAIMS
REPRESENTATIVE, B.A. (HONS)
ADJUSTER, PROPERTY CLAIMS
O 613.567.7700 ext.56322
OVAA Newsletter TF 1.800.210.6548
F 613.236.7931
Publication Deadlines Past President: JORDAN LEGG, B.B.A.
ClaimsPro,
If you have a submission for the newsletter, please advise the editor Ottawa
ASAP so space can be reserved. The actual submission content Phone: 613-798-1998 x333
Fax: 613-798-1810
(articles, advertising changes, etc.) must then be received by the Email: Jordan.legg@scm.ca
following dates:
Newsletter Issue . ......................................... Submission Deadline Chapter Delegate: CINDY BRIDGE, CIP, CRM
Desjardins General
December 2018.....................................................November 15, 2018 Insurance Group, Ottawa
Phone: 1-866-866-3888 ext 5511194
Fax: 613-692-3381
E-Mail: cindy.bridge@dgig.ca
If you have an article that will
Enlighten, Educate or Entertain,
kindly contact a member of the OVAA Executive
(See page 1 for Contact Info) for submission
guidelines and publication deadlines.
Ottawa Valley
Adjusters Association
PO Box 30034 Greenbank North PO
Ottawa, On K2H 1A3
3
Conar Marcoux, BA & CIP
613 564 7184
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Steven/Carolyne Steven/Carolyne
OʼReilly Glenn & Melanie Kerr Kevin Boire
OʼReilly Vince Brine Steven Norlo
Ottawa Lanark/Smiths Falls Kingston
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5
Steven/Carolyne OʼReilly Glenn & Melanie Kerr Vince Brin
HOW THIS AUTO CLAIMANT WON ADDITIONAL
PAIN AND SUFFERING DAMAGES
WRITTEN BY GREG MECKBACH
The controversial 2017 Saadati ruling from the Both Riley and Insurance Corporation of B.C.
Supreme Court of Canada was one reason an auto appealed. Riley argued, among other things, that he
accident victim recently got an increase in pain and should get a higher pain and suffering award. ICBC
suffering damages. argued on cross-appeal that Judge Bowden should
have deducted income tax in awarding damages for
In Saadati’s lawsuit, a judge with the Supreme past wage loss.
Court of B.C. awarded pain and suffering damages
partly based on testimony from family and friends In Riley v Ritsco, released this past Thursday, the
of Mohsen Saadati, rather than based on medical Court of Appeal for B.C. ruled in favour of ICBC on
evidence. the issue of deducting income tax. It also ruled in
favour of Riley on several grounds, including the
In the most recent case, Leo John Riley, now 69, was non-pecuniary damages. Riley’s pain and suffering
a passenger in a vehicle in 2011 that was driving east award is now $85,000.
along a road in Maple Ridge, B.C. when it T-boned a
westbound vehicle making a left turn. Originally, Judge Bowden said without expert
evidence in the field of psychiatry or psychology,
he could not conclude that the collision adversely
affected Riley’s emotional or mental state.
But Judge Bowden did not need evidence from
a psychiatrist or psychologist, Judge Harvey
Groberman of the B.C. Court of Appeal wrote, citing
Saadati v. Moorhead, released June 2, 2017, three
days before Judge Bowden released his ruling in
Riley.
Mohsen Saadati was driving a tractor that was
rear-ended by a Hummer in 2005, driven by Grant
Riley sued both Paul Ritsco and Carol Ann Tones – Moorhead. Saadati was awarded $100,000 in 2014
respectively the driver of the other vehicle and the in pain and suffering. The award was quashed on
driver of the vehicle in which Riley was riding. In appeal but restored by Supreme Court of Canada.
Riley v Ritsco, released June 5, 2016, Judge Gregory The Insurance Bureau of Canada – which had
Bowden of the B.C. Supreme Court found Ritsco was intervener status in Saadati – argued that a
100% liable and Tones was not at fault because she plaintiff should not be awarded damages for the
could not have avoided the collision. psychological effect of a tort unless it causes a
“recognizable psychiatric illness.”
Ritsco was ordered pay Riley more than $150,000, of
which $65,000 was for pain and suffering, known in The Supreme Court of Canada disagreed, ruling that
legal parlance as non-pecuniary damages. a judge in a lawsuit may use non-medical evidence
Continued on page 25 >
6
Fall is officially here… the leaves are starting to change colour on the trees and a cooler breeze is in the air… I love this time of year, it is
so incredibly beautiful!!! Perfect time to take a drive in the country, a hike or a long bike ride to enjoy the scenery and vibrant colours of
the season.
I am pleased to advise that we were able to raise $1000.00 for our charity Camp Quality at our Annual Golf Tournament I would like to
take this opportunity once again to thank everyone that was in attendance and to all our sponsors because we wouldn’t be able to do this
without your continued support Together we continue to make this event a great success!! Save the Date – June 27, 2019.
Our next luncheon seminar will take place on November 20, 2018 at the LIV Rooftop Lounge. JC Laplante from RSM Canada will be
presenting on Business Interruption. The cost is $35.00 for members and $40.00 for non-members. Lunch and valet parking included. The
next luncheon seminar will take place in the new year, January 22, 2019. Frances Shapiro Munn from Nelligan O’Brien Payne LLP will be
presenting “Can a waiver be a defence to liability, including negligence? Court of Appeal says yes”. We will be hosting seminars every two
months instead of monthly. Please visit our website for the list of upcoming seminars, speakers, dates, topics and events.
Our next event will be our Children’s Christmas Party which will be held at the Midway on the 30th of November. There is now an area for children
four and under as well batting cages for anyone that wants to improve their batting skills. Santa Clause will be making a special appearance and
bringing presents for all the OVAA boys and girls!! Please visit our website to register online for any of the upcoming events.
Save the date – Inter-industry Christmas Social Decenber 18, 2018 at the RCMP Officers Mess. Past President’s Night March 26, 2019 at
the Canadian Tire Centre. Sens VS Boston. Out of Town Provincial Claims Conference – Co-hosted with TIAA – May 2nd and 3rd, 2019..
47 Annual Golf Tournament – June 27,, 2019.
On September 19, 2018 the OIAA hosted our September Kick-off at the Ripley’s Aquarium. This event sells out every year and this year
was no exception. What a great way to start off the new term!
The Past President’s Night will take place on October 10, 2018 at the Signature Sandman Hotel and will feature a local comedian.
Our OIAA Christmas Party this year will be held at the Westin Hotel on December 13, 2018. Registration will be open on October 11, 2018.
This event sells out quickly so Save the Date!
Once again, I invite anyone that would like to submit an article for consideration for our magazine and/or the WP, please submit it for review.
Also, if you are interested in joining our Executive, please send an email to ovaa.ca.
I hope to see everyone soon.
Sincerely,
Cindy Bridge, CIP, CRM
OVAA President/Ottawa Delegate
7
Calendar of Upcoming Events
31
November 2018 NOVEMBER 20, 2018
AT 12:00PM
NOVEMBER LUNCH AND LEARN:
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our support a step further and painted one of our company
vehicles pink for a breast cancer awareness campaign in
collaboration with a local radio station, 1053kissfm .
The vehicle can be seen on the road in and around Ottawa and
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We have also promoted the campaign on our Facebook page,
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613-542-00
Steven/Carolyne OʼReilly Glenn & Melanie Kerr Vince BrinARTIST OR HOARDER? WHY INSURERS DON’T
LIKE CLUTTER
WRITTEN BY GREG MECKBACH
Self-employed artists who work from their own of the unit, including clothing, children’s toys, books,
apartments with large quantities of material should paper boxes, plastic bins, furniture and textiles.” The
have sprinkler systems and firewalls, a Toronto fire inspector noted there “appears to be a hoarding
inspector suggests. concern” in K.R.’s apartment.
In 2017, Toronto Fire Services ordered an apartment Tenants who hoard puts other residents at risk if fire
tenant – identified only as K.R. – to remove breaks out, warns Aviva Canada, the nation’s second-
combustible material from his unit and to make sure large property and casualty insurance carrier. Aviva
there was at least a meter between his collection Canada advises building owners to inspect all units
and kitchen appliances. twice a year, check their condition and ensure
maintenance staff report any excess clutter in a unit.
The resident challenged the order on the grounds Toronto tenant K.R. told the fire commission he is an
that it did not take into account the fact that his artist who uses children’s toys and post-consumer
apartment is a “live/work studio,” wrote Ontario Fire industrial packaging in his work and also collects
Safety Commission members Luisa Ritacca, Santina vintage clothing, porcelain, ceramics, glass and
Moccio and Maureen Helt in K.R. v. Toronto Fire textiles.
Services, an FSC ruling released Tuesday.
But that collection could potentially put firefighters
FSC is a quasi-judicial agency to which Ontarians can and neighbours at risk, Toronto Fire Services noted,
challenge orders made by fire marshals. In the case adding that in a “true live/work unit” there should be
of K.R., described both as an artist and a hoarder – the a sprinkler system as well as fire walls between each
commission ruled in favour of Toronto Fire Services. space.
During the 2017 inspection, Toronto Fire observed a Among other things, K.R. took issue with Toronto
“high volume of materials stored in all visible areas Fire’s contention that he should have one metre
of clearance between his stuff and
the ceiling, to ensure to the smoke
detectors are not blocked. The fire
commission disagreed, ruling that K.R.’s
unit presents a fire risk.
Ontario law gives fire inspectors the
ability to enter any premises “at any
reasonable time” with no notice, FSC
noted in its ruling.
12WHAT MADE THE DUNROBIN TORNADO
SO UNIQUE
WRITTEN BY JASON CONTANT
One tornado that struck the Dunrobin, Ont. area Friday Business interruption may be triggered if a building
was only the second EF3 twister to touch down in the holding the coverage experiences damage and is
province in September or later – and the first during offline for a period outlined in the policy wording,
this time period in 120 years, said Glenn McGillivray, McGillivray added. “Generally speaking, there would
managing director of the Institute for Catastrophic be no coverage for damage related to lack of power
Loss Reduction (ICLR). if there was no damage to the insured property
itself,” he said. “In order to be covered for a power
The last F3 tornado to touch down in Ontario in failure, the insured would require coverage known
September was in 1898 in Merritton, Ont. (now known as ‘off premise power.’”
as St. Catharines).
Hydro Ottawa first reported 147,000 customers were
Under the Enhanced Fujita Scale, in use in Canada without power in the Ottawa area; by 3 p.m. Monday,
since April 2013, EF3 tornadoes can see wind speeds 3,570 remained without power. One tornado also
reach between 225-265 km/h. The two tornadoes badly damaged the Merivale hydro transformer
that struck the Ottawa/Gatineau, Que. area on Friday station.
were rated as high EF3 (Dunrobin/Gatineau) and
EF2 (west and south Ottawa, with wind speeds of McGillivray said if history holds true, “insured damage
between 180-220 km/h). for this event will not be as high as scenes of the
damage may imply.” While damage is extensive,
“So, the Dunrobin tornado can be considered insured damage tends not to be extremely high.
quite rare from a strength versus time of the year For example, the June 2014 tornado in Angus, Ont.
perspective,” McGillivray told Canadian Underwriter damaged about 100 homes and caused about $48
Monday. “Also, not many tornadoes occur in this part million in insured damage. An August 2011 event
of the province.” in Goderich, Ont. caused insured damage of about
$110 million.
One of the last memorable tornadoes to hit the area
was an F3 tornado in August 1994 (wind speeds The Canadian Press reported 51 homes were
between 250-320 km/h, according to the Fujita destroyed or severely damaged in Ottawa. About 215
Scale that Environment Canada used until the 2012 buildings were damaged or destroyed in Gatineau.
tornado season). The event in the Gatineau suburb
of Aylmer, Que. damaged about 385 homes and
resulted in several injuries.
The most recent tornadoes will be heavily insured
because wind – unlike overland flood – is commonly
included in virtually all property policies, McGillivray
said. However, coverage for things like outbuildings
and fences can depend on policy specifics. Damage
to vehicles is covered, provided comprehensive
coverage is in place.
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24HOW THIS AUTO CLAIMANT WON ADDITIONAL
PAIN AND SUFFERING DAMAGES
WRITTEN BY GREG MECKBACH
to find that a plaintiff has suffered a mental injury. Saadati, rather than based on medical evidence.
“It also remains open to the defendant, in rebutting As an intervenor, IBC argued against “allowing for
a claim, to call expert evidence establishing that the highly subjective second-hand lay evidence to
accident cannot have caused any mental injury, or at support claims for psychological harm.”
least any mental injury known to psychiatry,” Justice
Russell Brown of the Supreme Court of Canada But in its unanimous ruling, the Supreme Court of
wrote in Saadati. Canada said a trial judge should look at “the level
of harm” shown by a plaintiff’s symptoms, “not to
In Saadati’s lawsuit, a judge with the Supreme Court whether a label could be attached to them.”
of B.C. had awarded non-pecuniary damages partly
based on testimony from family and friends of
A ‘LESSEE’ IS NOT NECESSARILY THE PERSON
WHO PAID FOR THE RENTED VEHICLE
WRITTEN BY DAVID GAMBRILL
A “lessee” under Ontario’s Insurance Act is the person with his employer, Fine Furnishings, which stipulated
whom the rental company would sue to enforce the that he carry his own auto insurance. Also, he did not
rental contract, a court reaffirmed Monday. own a credit card.
In Aviva v. Wawanesa, the Ontario Superior Court Mahamood rented a 2010 Ford CTV truck, signing
decided a recent priority dispute between insurers. a rental agreement between himself and New
The court ultimately sided with a straightforward Horizons. He did not provide any credit card for this
definition of a lessee, ruling that it does not matter booking. New Horizons had within their computer
who paid for the rental, nor does it matter whether system an account assigned to Fine Furnishings. The
the purpose of the rental was for work. Visa card associated with the account belonged to
the owner of Fine Furnishings. Court records included
Maroof Mahamood, a college student who computer screen printouts of New Horizon’s system
immigrated to Canada in 2000, was asked by his concerning Mahamood’s rental; in those printouts,
employer, Fine Furnishings, to do some furniture Fine Furnishings is listed as the referral agency.
deliveries in October 2010. Mahamood rented a truck
from New Horizons Car Truck Rentals/Discount The rental agreement signed by Mahamood did not
Rent-a-Car in Hamilton, Ont. list Fine Furnishings on the agreement, but only Mr.
Mahamood’s name and his signature. He is identified
Mahamood testified in court that did not understand as the renter and there are no other listed drivers.
the terms of the employment contract he signed The address provided on the rental agreement
25A ‘LESSEE’ IS NOT NECESSARILY THE PERSON
WHO PAID FOR THE RENTED VEHICLE
WRITTEN BY DAVID GAMBRILL
is Mahamood’s home address. He provided the factual and legal disputes between insurers about
business telephone number of Fine Furnishings as how employment law, agency law, corporate law,
his contact number. partnership law and the law of contract might apply
to cast doubt on who is a lessee under s. 277 of the
While doing deliveries for Fine Furnishings, Insurance Act.
Mahamood rear-ended Hy Kiet Liu, who made a
$3-million claim for injuries that he says he sustained “Who is the lessee can be tested and determined by
from the collision. Liu’s claim remains outstanding. asking the following question: Who can the lessor…
sue to enforce the car rental contract?”
Since Mahamood was uninsured, a priority dispute
developed between Aviva, the insurance company Reaching the same conclusion in Aviva v. Wawanesa,
for the rental agency New Horizons, and Wawanesa Ontario Superior Court Justice Shaun Nakatsuru
Mutual Insurance Company, the insurer for Fine rejected Aviva’s contention that the “lessee” was the
Furnishings. furniture company that paid for the rental and not
the independent contractor who signed the rental
The court sided with Ontario Superior Court Justice agreement.
Paul Perell’s 2013 decision in Intact Insurance
Company of Canada v. American Home Assurance Aviva argued the owner of the credit card was
Company of Canada. effectively the “lessee” of the vehicle, meaning that
Wawanesa, which insured the furniture company that
paid for the vehicle, should be on the hook to pay for
the auto insurance claim. But the court disagreed.
Since the driver was uninsured, and since the
furniture company was not responsible for renting
the vehicle, Aviva (representing the the car rental
agency) became the priority insurer as a result of the
court decision.
“I see no unfairness in a straightforward interpretation
of [s. 277 of the Insurance Act, defining a “lessee”],”
Perell wrote for the court at the time. “And I see no
reason to give s. 277 a reading that would introduce
the concept of ‘de facto lessee’ and encourage
26CANADIAN DRIVERS DON’T FULLY UNDERSTAND
CANNABIS IMPAIRMENT
WRITTEN BY DAVID GAMBRILL
Canadians know that driving while high on marijuana use a cannabis-impairment test equivalent to the
causes a risk to road safety, but they don’t seem to breathalyzer.
understand cannabis impairment fully, according
to a recent Leger poll conducted on behalf of the The lack of clarity is unsettling, given that 62% of
Insurance Bureau of Canada (IBC). Canadian cannabis users have either driven or been
a passenger in a car in which the driver had recently
Eighty-four per cent of 1,517 Canadians polled in consumed cannabis, the Leger poll reveals.
August believe that driving while high poses a real
risk to road safety. Seven out of 10 Canadians believe “Drinking and driving is now socially unacceptable,”
driving while high is as dangerous as driving while IBC president and CEO Don Forgeron commented
impaired by alcohol. on the Leger poll results. “Unfortunately, we can’t
assume the same for driving while under the
However, despite being aware of the safety use of cannabis. We need the same approach to
implications, Canadians don’t appear to understand deterrence – appropriate penalties and detection
cannabis impairment, or how it might differ from the tools – to discourage all forms of impaired driving so
effects of alcohol impairment. that broader use of legalized cannabis doesn’t put
public safety at risk.”
For example, 43% of Canadians polled said they do
not know how long to wait before it is safe to drive Reflecting the opinions of Canadians cited in the
once they have consumed cannabis. And 61% of Leger study, IBC has expressed concern that
Canadian cannabis users believe it’s safe to wait less legalization could normalize and increase cannabis
than three hours after consuming cannabis to drive, use, resulting in a corresponding increase in the risk
IBC notes in an announcement of the poll results. of harm due to impaired behaviours, especially as
they relate to road safety.
Most Canadians polled (60%) think the police will
A recent study commissioned by Public
Safety Canada found that 28% of 2,132
respondents admitted to having driven
high; of those, 17% believed the influence of
cannabis posed no real risks.
“What is more troubling is that one in 10 of
those respondents believed cannabis makes
a person a ‘better driver,’” IBC said.
The margin of error in the Leger poll is plus
or minus 2.5%, 19 times out of 20.
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